The Washington Employment Security Department (ESD) adopted new rules for the state's Paid Family and Medical Leave Act (PFML) regarding employer reporting requirements, child placement, and self-employment elective coverage requirements. The new rules become effective July 1, 2023.

As reported earlier this year, California's state minimum wage increased to $15.50 per hour for all employers on January 1, 2023. However, some California employers may face another minimum wage increase on July 1, 2023.

The first phase of the District of Columbia Tip Credit Elimination Act of 2021 became effective May 1, 2023.

On May 3, 2023, New York Governor Kathy Hochul signed into law the FY2024 New York State Budget Agreement (the Budget), which includes legislation increasing the state's minimum wage rate over the next three years.

Specifically, the Budget amends Section 652 of the New York Labor Law (NYLL) as follows:

In Mathews v. USA Today Sports Media Group, LLC et al., plaintiff Elizabeth Mathews (Mathews) brought a collective action under the FLSA alleging that she was an employee rather than an independent contractor to the defendant. Mathews moved for conditional certification pursuant to the widely followed two-step conditional FLSA certification process adopted in Lusardi v.

California's enhanced pay data reporting requirement under SB 1162 for 100 or more employees or 100 or more workers hired through labor contractors is due May 10, 2023, for reporting year 2022. More information is found here.

As California Governor Gavin Newsom's administration seeks to finalize the 2023-24 Governor's Budget, the California Joint Legislative Audit Committee has moved to audit the persistent backlog of wage theft cases at the Division of Labor Standards Enforcement.

San Mateo County (the County) enacted a new minimum wage ordinance that took effect April 1, 2023. The County's minimum wage is an hourly rate of $16.50. Beginning January 1, 2024, and each January thereafter there will be increases in the rate.

Recently, a California court of appeal held that employees can pursue Private Attorneys General Act (PAGA) claims for violations of California's Healthy Workplaces, Healthy Families Act of 2014 (HWHF) (Labor Code § 245 et seq.) The HWHF generally requires employers provide eligible employees at least three paid sick days per year.

In O'Reilly v. Daugherty Systems, the U.S. Court of Appeals for the Eighth Circuit[1] ruled that, for purposes of the Equal Pay Act (EPA) claim, greater experience can serve as a legitimate reason for a pay differential on March 29, 2023.

Illinois Governor Jay Pritzker signed into law the Paid Leave for All Workers Act (PLFAW) on March 13, 2023, adopting the bill that the Illinois General Assembly passed on January 10, 2023. The law guarantees all Illinois workers at least 40 hours of paid leave (or a pro rata amount, depending on the number of hours worked) in a 12-month period starting January 1, 2024.

On March 3, 2023, New York Governor Kathy Hochul signed into law an amendment to New York State's pending Pay Transparency Law, which will become effective on September 17, 2023. A summary of the amendment can be found here.

The City of Los Angeles' Fair Work Week Ordinance will take effect on April 1, 2023. Generally, the Fair Work Week Ordinance requires retail businesses in Los Angeles with 300 employees or more to follow certain scheduling restrictions.